Very few cases are as emotional as when a parent wants to move out of state with the child. The case is either going to end with one parent watching their child move away or the other parent being told they cannot move to the location they want. For understandable reasons such matters cause great anger and anxiety on both sides. Courts do not take requests for relocation lightly and it is crucial that your case be properly presented to the Court. Our Melbourne family law attorneys assist with cases where a parent wants to relocate a child outside of Florida. Call our lawyers today if you are involved in a move away case.
Melbourne child custody lawyers handling cases where a parent wishes to move out of state
Florida is a state where Judges often require the parents to share custody of children. When a parent wishes to move out of state with a child then it is considered a change of custody. In order to receive the change the parent who is moving away must show facts establishing that the request is being made in good faith. These facts may include a better job offer or other economic opportunity. The relocating parent must also show that the move is in the child’s best interest. When determining whether the parent’s reason for moving is warranted the Court will consider factors such as the reason for the move, whether there can be an adequate visitation schedule, and whether the move is simply an effort to reduce the other parent’s visitation. It is crucial that one show the Court that the request to move is being made in good faith.
When determining what is in the child’s best interest the Court will consider factors such as the level of conflict between the parents, the relationship each parent has with the child, whether the child has siblings which will be left behind, as well as other considerations. If the moving parent is able to show that there is a good faith reason for the move, and that relocating is in the child’s best interest, then the relocation will often be allowed.
The first step in requesting a relocation is to file a Supplemental Petition for Modification of Custody with a request to relocate. If the move must be made immediately, for situations such as starting a new job, then the Court may grant a parent permission to relocate on a temporary basis pending a permanent decision. Discovery, the process by which information is gained from the other side, can be used to build a case for or against relocation. The case will conclude in a bench trial after which the Judge will issue a decision.
Lindsey Sharp and Deborah Dye are Melbourne child custody lawyers assisting with matters where a parent wishes to relocate outside of Florida. They recognize the urgency of such matters and will quickly file your relocation request with the Court. Should the matter not resolve at mediation (attendance of which is typically required) then we will use the discovery process to establish that the move is in the child’s best interests. Lindsey and Deborah will ensure that you are prepared for trial, that you know what to expect from the process, and that they are available to answer any questions you may have. They understand the seriousness of such cases and will take your matter seriously. Contact us today.
We also service clients in the Brevard County cities of Titusville, Cocoa, Palm Bay, Grant, Valkaria, and Rockledge, as well as in the Indian River County areas of Fellsmere, Sebastian, Vero Beach, Indian River Shores, and Orchid.
Effective child relocation representation for Brevard County residents at an affordable price
Anyone involved in a child relocation case is likely worried about money. If you are the parent moving away then you are concerned over moving expenses, the cost of living in a new city, etc. If you are the parent staying behind then you are concerned about travel costs involving visitation and more. Our attorneys know that you need to focus your funds on the most important thing – your family. Lindsey and Deborah typically provide effective representation to Brevard County residents, and other Floridians, at a set flat fee. They are also often able to accept a modified payment plan. You have enough to worry about. Affording counsel should not be one more concern.